LICENSE AGREEMENT FOR ALL VERSIONS OF RCS REMOTE CONTROL SOFTWARE AND FIRMWARE FOR DMI DIGITAL MICROPHONE INTERFACES, NEUMANN DIGITAL MICROPHONES AND MULTICHANNEL AUDIO INTERFACES
Read the terms of this license agreement and any provided supplemental license terms (collectively "Agreement") carefully.
The software this license applies to is protected by copyright law and other international legislation, regulations and agreements about intellectual property. By installing, using or copying the software, you agree to be bound by the terms of this Agreement.
1. LICENSE TO USE: Georg Neumann GmbH Berlin (thereinafter: Neumann) grants you a non-exclusive and non-transferable license for the use of the accompanying software, firmware and documentation (collectively "Software") only to operate and remote control Neumann Digital Microphone Interfaces (DMI), digital microphones according to AES 42 standard and Multichannel Audio Interfaces. You are not allowed to use the Software with any hardware other than Neumann DMI, Neumann digital microphones and Neumann Multichannel Audio Interfaces or to sublicense the Software without a separate written license agreement.
2. RESTRICTIONS: The Software is protected by intellectual property rights. Title to Software and all associated intellectual property rights including without limitation any modifications, enhancements and revisions of the Software, is retained by Neumann and/or its licensors. Except as specifically authorized in any supplemental license terms, you may not make copies of Software, other than a single copy of Software for backup purposes. Unless enforcement is prohibited by applicable law, you may not modify, decompile, or reverse engineer Software. No right, title or interest in or to any trademark, service mark, logo or trade name of Neumann or its licensors is granted under this Agreement.
3. DISCLAIMER OF WARRANTY: The Software is provided "AS IS". Without limiting the foregoing, Neumann does not guarantee that the Software is free of errors or will operate without bugs, viruses, loss of data or interruptions. Your exclusive remedy and Neumann's entire liability under this limited warranty will be replacement of the Software by Neumann. All express or implied conditions, representations and warranties, including any implied warranty of merchantability, fitness for a particular purpose or non-infringement are disclaimed by Neumann, except to the extent that these disclaimers are held to be legally invalid.
4. LIMITATION OF LIABILITY: TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL NEUMANN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF NEUMANN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL NEUMANN'S LIABILITY TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU FOR SOFTWARE UNDER THIS AGREEMENT. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED WARRANTY FAILS OF ITS ESSENTIAL PURPOSE.
5. TERMINATION: This Agreement is effective until terminated. You may terminate this Agreement at any time by uninstalling Software and destroying all copies of Software. This Agreement will terminate immediately without notice from Neumann if you fail to comply with any provision of this Agreement. Upon Termination, you must uninstall Software and destroy all copies of Software.
6. GOVERNING LAW: Regardless of the place of execution hereof, this Agreement, all amendments hereto, and any and all issues or controversies arising hereof or related hereto, shall be governed by and construed exclusively in accordance with the laws of Germany. Place of jurisdiction shall be Berlin.
Georg Neumann GmbH
D-13403 Berlin, Germany
Tel.: +49 30 417724-0
Fax: +49 30 417724-50